Texans for Lawsuit Reform

Through political action, legal, academic and market research, and grassroots initiatives, TLR fights for common-sense reforms that keep Texas open for business.

  • About TLR
    • Our Mission
    • Our Team
    • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
    • Special Reports
    • In the News
    • Press Releases
    • The Advocate
    • TLR Blog: For the Record
    • Invite a TLR Speaker
  • Get Involved
  • Contact Us
  • Donate
  • Stay Informed
For the Record

What a Nuisance!

Opioid litigation is prominently in the news these days, with a recent judgment in Oklahoma and the ongoing conflict between states and municipalities in the federal multi-litigation process conducted by U.S. District Judge Dan Polster in Ohio.

As we have said before, we don’t have an opinion on who is responsible for the nation’s opioid epidemic, but we remain concerned that the wave of litigation will do little to stop it—just as the tobacco settlement of the 1990s did little to stem cigarette consumption. And we share the Wall Street Journal editorial board’s criticism of the Oklahoma ruling, which enormously expanded the real-property legal doctrine of a public nuisance to hold a pharmaceutical company liable for expenses related to the treatment of opioid misuse.

The essential legal concept of a nuisance, as defined in Black’s Law Dictionary, is a “condition, activity, or situation (such as a loud noise or foul odor) that either injures the physical condition of adjacent land or interferes with its use or with the enjoyment of easements on the land or of public highways.” Liability might or might not arise from the situation, and the appropriate remedy is most often to require the landowner to abate the cause of the nuisance. It is more than troubling to see a court expand this doctrine to impose damages on the manufacturer of a legal and FDA-approved product. 

This particularly draws our attention because 25 years ago, a major impetus to the creation of TLR was the then-activist Texas Supreme Court, which for years was populated mostly by former personal injury plaintiffs’ lawyers. That old, liberal court, legislating from the bench, created or expanded causes of action to produce results it deemed “just” or opportune, regardless of legal precedent or the plain words of applicable statutes. We have come a long way since the days of jackpot justice in Texas and are vigilant in guarding against their return through judicial activism.

In another matter related to opioid litigation, the federal judge in Ohio who is trying to resolve the hundreds of lawsuits by states, counties and cities is finding it difficult to do so because of infighting among the plethora of plaintiff lawyers representing the various states, counties and cities. He has approved an unusual process for facilitating a universal negotiation. “Under the proposal, every city and county would be asked to accept a prearranged formula for allocating opioid money before any settlement has been struck, with a 75% supermajority vote at the end to approve the settlement amount but not the underlying structure of the deal.” Texas is one of the states that has raised concerns about this approach.

This piecemeal approach to litigation does little to benefit those who have been affected by opioid addiction, in fact, making it more difficult for the state to pursue legitimate causes of action. House Bill 2826, which TLR advocated for and became effective on September 1, allows our state attorney general to prevent cities and counties from pursuing litigation when “the attorney general has the authority to pursue the legal matter … and that it is in the state’s best interest for the attorney general to pursue the matter …” This law does not affect lawsuits filed prior to September 1, but hopefully it will prevent the feeding frenzy we’ve seen with plaintiff attorneys around this kind of litigation in the future.

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Texans for Lawsuit Reform

9 hours ago

Texans for Lawsuit Reform

Texas is less safe, less prepared and less resilient in recovery without commercial vehicles. Stopping abusive lawsuits against them will make or break our ability to handle the next natural disaster our state faces. Read and share the latest TLR blog: bit.ly/301JNQl ... See MoreSee Less

Link thumbnail

Disaster Preparedness, Response, Recovery

bit.ly

The pandemic and recent winter storms have highlighted a stark reality: Commercial vehicles are essential for disaster preparedness, response and recovery. Whether they’re carrying life-saving medic...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 1
  • Shares: 0
  • Comments: 0

Comment on Facebook

Texans for Lawsuit Reform

11 hours ago

Texans for Lawsuit Reform

Happy Texas Independence Day! ... See MoreSee Less

Happy Texas Independence Day!
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 15
  • Shares: 4
  • Comments: 1

Comment on Facebook

👏💯

Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

Abusive lawsuits against commercial vehicles are hurting Texas jobs and businesses. Your lawmakers in the Texas Legislature need to hear from you. Ask them to support Senate Bill 17, Senate Bill 207, House Bill 19, and House Bill 1617. Take action: ow.ly/SDaD50DNgSb ... See MoreSee Less

Link thumbnail

Write your Texas Lawmakers – Keep Texas Trucking Coalition

ow.ly

Abusive lawsuits against commercial vehicles are hurting Texas jobs and businesses. Your representatives in the Texas Legislature need to hear from you. Ask them to support Senate Bill 17, Senate Bill...
View on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Likes: 2
  • Shares: 0
  • Comments: 0

Comment on Facebook


Follow us on Twitter

lawsuitreform avatarTLR@lawsuitreform·
4h 1366871080066031621

TLR has thousands of supporters across Texas who are committed to a fair and balanced civil justice system. Join our team today!

Get Involved - Texans for Lawsuit Reform

Texans for Lawsuit Reform has thousands of supporters from across Texas who are committed to a fair and balanced civil justice system.

bit.ly

Reply on Twitter 1366871080066031621Retweet on Twitter 1366871080066031621Like on Twitter 13668710800660316211Twitter 1366871080066031621
lawsuitreform avatarTLR@lawsuitreform·
6h 1366840995162300419

TLR is working to make the Texas legal system fair, efficient and accessible for all. Learn more:

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

bit.ly

Reply on Twitter 1366840995162300419Retweet on Twitter 1366840995162300419Like on Twitter 1366840995162300419Twitter 1366840995162300419
lawsuitreform avatarTLR@lawsuitreform·
9h 1366795813746278404

Texas is less safe, less prepared & less resilient in recovery without commercial vehicles. Stopping abusive lawsuits against them will make or break our ability to handle the next natural disaster Texas faces. Read & RT the latest TLR blog: #tortreform

Disaster Preparedness, Response, Recovery

The pandemic and recent winter storms have highlighted a stark reality: Commercial vehicles are essential for disaster preparedness, response and reco...

bit.ly

Reply on Twitter 1366795813746278404Retweet on Twitter 1366795813746278404Like on Twitter 1366795813746278404Twitter 1366795813746278404

Texans for Lawsuit Reform
1701 Brun Street
Houston, Texas 77019

Ph. 713-963-9363
  • About TLR
  • Our Mission
  • Our Team
  • Timeline of Reforms
  • Videos
  • Issues
  • Resource Center
  • For the Record
  • Special Reports
  • In the News
  • Press Releases
  • Invite a TLR Speaker
  • Get Involved
  • Invite a TLR Speaker
  • Donate
  • Stay Informed
  • Contact TLR

Copyright © 2021 · Texans for Lawsuit Reform. All rights reserved. | Privacy Policy

Copyright © 2021 · Texans for Lawsuit Reform.
All rights reserved.
Privacy Policy